This was an application for summary dismissal of part of a native title determination application pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) (FCA Act), or alternatively, r 28.67(1)(e) of the Federal Court Rules 2011 (Cth).
The Court had referred the question of which group or groups held native title rights and interests in an area of overlapping claims immediately prior to sovereignty to referees pursuant to s 54A(1) of the FCA Act. The referees had made findings which were fatal to the Yirrganydji native title determination applications.
The State sought summary dismissal of that part of the Yirrganydji native title determination applications made fatal by the referees’ findings. The Court summarily dismissed the relevant parts of the applications pursuant to r 28.67(1)(e) of the Federal Court Rules 2011 (Cth).
Mei Ying Barnes (with A Wilson) appeared for the First Respondent, instructed by Crown Law.
The judgment is available here.